1996-1028_ORANGE , COUNTY OF_Memorandum of Contract1
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Coract No. EC41974
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND REDEVELOPMENT
PUBLIC SERVICES
(CDBG Program Year XXII)
TITLE OF PROJECT: City of San Juan Capistrano - Community Service Youth
Scholarship Program
MEMORANDUM OF CONTRACT entered into this,4 V day of 0GOW4'
1996,
BY AND BETWEEN
AND
City of San Juan Capistrano, a municipal
corporation, in the State of California, and
hereinafter referred to as "CITY".
COUNTY OF ORANGE, a political
subdivision of the State of California
and recognized Urban County under
the Federal Housing and Community
Development Act of 1974 (Public Law
93-383), as amended, hereinafter
referred to as "COUNTY".
RECITALS
This Contract is made with reference to the following facts, among others:
WHEREAS, the COUNTY anticipates entering into a separate contract for the
period July 1, 1996 - June 30, 1997 with the United States Department of Housing and
Urban Development (HUD) to receive funds under Title I of the Housing and
Community Development Act of 1974 (Public Law 93-383, as amended) for the
purpose of funding projects meeting one of the HUD national objectives, and
WHEREAS, COUNTY and CITY previously entered into a Cooperation
dated July 21, 1993 in which both parties agreed to cooperate in the
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Ctact No. EC41974
undertaking, or assist in the undertaking, of community development and housing
assistance activities, and
WHEREAS, CITY has submitted to COUNTY an application for funding of a
project described herein and
WHEREAS, COUNTY adopted its Final Annual Action Plan on April 9, 1996
by Resolution No. 96-230 which sets forth the project described herein, and
WHEREAS, HUD has accepted and certified the aforementioned Final Annual
Plan.
NOW, THEREFORE, IT IS AGREED by and between the parties that the
provisions as well as all related Federal Regulations, including 24 CFR 570,'
and appropriate State and County laws and regulations including the attached
13 l Contract.
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CONDITIONS, identified as Exhibit "A", and Exhibit 'B" are part of this
SCOPE OF SERVICES
A. ACTIVITIES
CITY will act as PROJECT MANAGER and will be responsible for
administering a Year XXII Community Development Block Grant Public Services
project described as follows in a manner satisfactory to the COUNTY and consistent
with any standards required as a condition of providing these funds:
Project Description:
The City of San Juan Capistrano will use CDBG funds to provide vouchers for
eligible low- and moderate -income youth with recreational and cultural
opportunities at various locations as part of an overall Gang Prevention Program to
promote self-esteem. Funds will be used for recreational/educational and other
project and support costs.
Upon written approval from the DIRECTOR, the CITY may incur costs towards other
uses eligible under the applicable State and Federal regulations, particularly the
Federal regulations at 24 CFR Parts 570.201(e).
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Coffact No. EC41974
Program Delivery:
Activity No. 1: Non -School Recreational and Cultural Program
Activity No. 2:
Activity No. 3:
General Administration: CITY shall provide the oversight, administration and
project management necessary to accomplish all contracted activities.
National Objective: The subject activities are consistent in complying with the
following national objectives as set forth in Title 24 CFR Part 570.208 (a)(2): Low and
Moderate Limited Clientele Benefit.
B. LEVELS OF ACCOMPLISHMENT
In addition to the normal administrative services required as part of this Contract,
the CITY agrees to meet the following level(s) of accomplishment:
Activity Level of Accomplishment
Activity No. 1: Public Services Serve 280 Youths
Activity No. 2:
Activity No. 3:
C. BUDGET
1. This contract is in an amount not to exceed $7,000.00 (Seven Thousand
Dollars and 00 cents).
2. Project Funding
a. The subject proposal will be financed under this contract as
follows:
Youth Scholarship Program $7,000.00 (Seven Thousand Dollars and
no/100)
Total CDBG Funds $7,000.00 (SevenThousand Dollars and
no/100)
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Coxact No. EC41974
1 3. Funds shall be used for the following items: Costs related to tuition fees
2 and other project and support costs.
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4 4. Line items identified in Section I.C.2. above are to be considered as
5 estimates. Compensation for costs incurred during the life of this contract may be
6 reallocated between said line items. Furthermore, compensation may be reallocated
7 to address any costs incurred for previously unbudgeted uses eligible under the
8 applicable State and Federal regulations upon written request by SUBRECIPIENT and
9 1 written approval by DIRECTOR, particularly the Federal regulations at 24 CFR Parts
10 570.201 - 207.
11 RD. PERFORMANCE MONITORING
12 The COUNTY will, in accordance with Section IIIA. of this Contract, monitor the
13 performance of the CITY against the goals and performance standards required
14 herein. Substandard performance as determined by COUNTY will constitute non -
15 compliance with this Contract and COUNTY may thereafter terminate the Contract
16 pursuant to Section H of Exhibit A "General Conditions", attached hereto.
17 1 CITY agrees:
18 1 1. To comply with all applicable Federal and COUNTY regulations, as may
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periodically revised by HUD, Office of Management and Budget, or other Federal
and COUNTY.
2. To fully cooperate with the COUNTY on matters concerning the
completion and submittal of materials, information and documentation
by the COUNTY to comply with Federal Grantee Performance Reporting
Failure to do so may result in the COUNTY withholding future
3. To comply with COUNTY procedures concerning the Grantee
Report (GPR) Form. The CITY also acknowledges that the GPR Form is
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Cotract No. EC41974
1 a monitoring tool that will be reviewed and evaluated to determine CITY's level of
2 accomplishments relative to this Contract.
3 4. To fully comply with the terms and conditions of the subject agreement.
4 Failure to do so may result in the suspension or termination of said agreement. Any
5 terms or conditions proposed subsequent to the effective date of this contract are
6 invalid until such time that the DIRECTOR has considered and approved said terms
7 and conditions in writing. Any revisions to the terms and conditions set forth
8 herein shall be incorporated into this agreement in accordance with Section I.G.
9 (Amendments) of Exhibit "A" attached.
10 II. TIME OF PERFORMANCE
11 Services of the CITY shall begin on July 1, 1996 and shall be completed by June 30,
12 1997. No extension in the terms and provisions of this contract will be permitted.
13 III. PAYMENTS
14 A. CONTRACT AMOUNT
15 It is expressly agreed and understood that the total amount to be paid by the
16 COUNTY under this Contract shall not exceed the amount stated in Section I.C. of
17 this Contract. Drawdowns for the payment of eligible expenses shall be made against
18 the eligible cost items specified in Section I.C. herein, and in accordance with Exhibit
19 A attached and shall be accompanied by the required performance reports.
20 B. REIMBURSEMENT
21 On a monthly basis CITY may invoice COUNTY for reimbursement of eligible costs
22 (See Exhibit A). Concurrently with its request for the aforementioned funds, CITY
23 shall submit to the COUNTY the following support documentation: (Copies of) paid
24 invoices, receipts, payroll records, bank statements, cancelled checks and other items
25 adequate to document project expenditures. CITY shall also provide a performance
26 report for the time period identified in the aforementioned reimbursement invoice,
27 including Grantee Performance Direct Benefit Activity Information addressing its
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Citact No. EC41974
1 level of performance with each activity undertaken relative to the scope of services
2 set forth in Section I., herein. Compensation of CITY reimbursement invoices will
3 depend upon appropriate and timely performance of objectives as set forth above.
4 COUNTY may withhold payment if CITY fails to meet measurable objectives as set
5 forth in Sections I.A. and I.B. above. No payment will be authorized if any
6 preceding month's reports or invoices are not submitted to COUNTY.
7 IV. NOTICES
8 Any communication concerning this Contract shall be directed as follows:
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10 For the COUNTY:
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12 County of Orange
13 EMA-Housing and Redevelopment
14 1770 North Broadway
15 Santa Ana, California 92706
16 Attn: Chief, Grant Management Section
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18 For the CITY:
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20 City of San Juan Capistrano
21 32400 Paseo Alelanto
22 San Juan Capistrano, CA 92675
23 Attn: Tom Tomlinson
24 IV. SPECIAL CONDITIONS
25 AA. SPECIAL CONDITIONS DEFINITIONS
26 For the purposes of this Contract the following definitions shall apply:
27 1. PROJECT MANAGER: The party responsible for, but whose
28 responsibility is not limited to the following: Contracting, monitoring and
29 implementing the project through completion.
30 2. DIRECTOR: Director of the Orange County Environmental
31 Management Agency (EMA) or his designee.
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Aact No. EC41974
1 3. REIMBURSABLE BASIS: The CITY will provide the funds for the
2 project and will submit proof of payment to COUNTY, whereupon after approval by
3 COUNTY, COUNTY will repay the CITY.
4 B. PROJECT FUNDING
5 1. It is agreed by all parties that the project shall be completed and all funds
6 provided through this Contract shall be expended on eligible project activities prior
7 to June 30, 1997.
8 2. CITY shall submit any invoices for expenditures under this Contract
9 within 90 days of the Contract expiration date. COUNTY may withhold payment if
10 CITY fails to comply.
11 3. After expiration of this Contract, all unexpended funds remaining fi
12 this Contract may be allocated by COUNTY to other eligible projects managed
13 through the Urban County Program.
14 C. CITY agrees:
15 1. That the project shall be implemented and appropriately maintained
16 Community Development purposes as defined by applicable HUD provisions to
17 ensure maximum feasible benefit and utilization of the project by low- and
18 moderate -income persons.
19 2. That DIRECTOR shall periodically evaluate the CITY's progress in
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with the terms of this Contract. CITY shall cooperate fully during such
DIRECTOR shall report the findings of each monitoring to the CITY.
: may, at his discretion, report said findings to the Orange County Board of
s. If it is determined by the Board of Supervisors that CITY performance
progress on performance is unsatisfactory, the Board of Supervisors may
this Contract. In addition, the Board of Supervisors may require the CITY
reimburse COUNTY any funds that it determines to be improperly expended or
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CoLact No. EC41974
1 not expended on the project in a timely manner based on applicable CDBG Program
2 Regulations.
3 3. That this Contract is conditional upon COUNTY being funded by HUD,
4 and the release of funds to COUNTY.
5 4. That this Contract is also conditional upon complying with HUD
6 Environmental Review under HUD regulations at 24 CFR, Part 50 which
7 implements Section 102(2)(c) of the National Environmental Policy Act of 1969 and
8 the California Environmental Quality Act.
9 5. That funds may not be disbursed until the required environmental
10 documentation clearance has been issued.
11 6. To provide requested materials to COUNTY for the Environmental
12 Review process requested by HUD. This process may take up to ninety (90) days.
13 7. To comply with all applicable HUD regulations concerning
14 administrative requirements, as set forth in Section II. (ADMINISTRATIVE
15 REQUIREMENTS) of the attached Exhibit "A" (General Conditions), and maintain
16 records as to services provided and total number of persons served through the
17 project, including percentage of: low income persons and very -low income persons
18 as defined by HUD; persons by ethnicity; female -headed households. Such
19 information shall be available for periodic monitoring by representatives of the
20 County or HUD and shall be submitted in report form to COUNTY per County of
21 Orange procedures.
22 D. MODIFICATIONS/ TRANSFERS
23 1. Any proposed modification or change in use of real property acquired or
24 improved in whole or in part by CDBG funds from that planned at the time of the
25 acquisition or improvement, including disposition, must be reported by CITY to the
26 COUNTY and receive COUNTY concurrence thereto in advance of implementing
27 the modification or change in use.
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Aact No. EC41974
2. The CITY shall transfer to COUNTY any CDBG funds on hand at the
time of Contract expiration and any accounts receivable attributable to the use of
funds. The CITY shall ensure that any real property under the CITY's control
that was acquired or improved in whole or in part with CDBG funds in excess of
$25,000 is used to meet one of the national objectives in 24 CFR 570.208 until five
years after expiration of the contract.
E. AMENDMENTS
Any amendment to this contract shall be completed in accordance with
Section I.G. (Amendments) of Exhibit "A" attached.
F. AUDITS
1. The Federal government requires that CITYs receiving $25,000 or more
in Federal assistance in a fiscal year must secure an audit. Agencies receiving $25,000
or more must meet this requirement through one of the following methods. Failure
to meet this requirement will result in the COUNTY denying CITY reimbursement
requests.
A. If CITY currently conducts audits of all its funding sources,
CDBG, CITY must submit a copy of its most recent audit to the COUNTY.
B. If CITY currently conducts audits of its other funding sources but
neither received nor included CDBG in the past, the scope of the audit would be
to incorporate CDBG audit requirements.
C. If CITY does not have a current audit process in place, your
agency will be required to develop a process that meets the DIRECTOR's approval.
2. CITY agrees to obtain an annual audit within 180 days after the end of
fiscal year. Copies of said audit shall be transmitted to the COUNTY within 30
days after being received and approved by the CITY. DIRECTOR shall have the right
to ensure that necessary corrective actions are made by the CITY for any audit
so
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Attract No. EC41974
findings pertinent to CITY handling of funding attributable to the CDBG Program
Federal requirements.
3. All CITY records with respect to any matters covered by this Contract
shall be made available to the COUNTY or the Federal government at any time
during the normal business hours, as often as the COUNTY deems necessary to
audit, examine or make excerpts or transcripts of relevant data. Any deficiencies
noted in audit reports must be fully cleared by the CITY within 30 days after the
receipt by the CITY. Failure of the CITY to comply with the above audit
requirements will constitute a violation of this contract and may result in the
withholding of future payments. The CITY hereby agrees to have an annual agency
audit conducted in accordance with current COUNTY policy concerning CITY audits
and, as applicable, OMB Circulars A-133 and OMB Circular A-128.
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Contract No. EC41974
IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its
Mayor and attested by its Clerk; COUNTY has caused this Contract to be executed by
Director of EMA/Housing and Redevelopment, all having been duly authorized
the City Council of CITY and the Orange County Board of Supervisors.
AS TO FORM: City of San Juan Capistrano, a
municipal corpor hon in the State of
California
0 Yt(,
Date: 10/15/96
ty Manager
COUNTY OF ORANGE, a political
sub-diivvisio(�n of the State of California
Dated:�9 h By: Lac �n
IDki�ct�ol�
Director EMA-Housing and
Redevelopment
Bob Wilson,Director
ORIGINAL FORM CONTRACT
APPROVED AS TO FORM: May 22, 1996
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
39 MC YR XXII
40 8/28/96
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• Exhibit "A" to COUNTSUBRECIPIENT Contract
1 GENERAL CONDITIONS
2
3 I. GENERAL PROVISIONS
4 A. General Com fiance
5 The SUBRECIPIENT agrees to comply with all applicable federal, state and local laws
6 and regulations governing the funds provided under this contract.
7 B. Independent Contractor
8 Nothing contained in this Contract is intended to, or shall be construed in any manner, as
9 creating or establishing the relationship of employer/employee between the parties. The
10 SUBRECIPIENT shall at all times remain an independent contractor with respect to the services to
11 be performed under this Contract. The COUNTY shall be exempt from payment of all
12 Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers'
13 Compensation Insurance as the SUBRECIPIENT is an independent contractor.
14 C. Hold Harmless
15 The SUBRECIPIENT shall hold harmless, defend and indemnify the GRANTEE from
16. any all claims, actions, suits, charges and judgments whatsoever that arise out of the
17 SUBRECIPIENT's performance or nonperformance of the services or subject matter called for in
18 this Contract.
19 D. Workers' Compensation
20 The SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all
21 employees involved in the performance of this contract.
22 E. Insurance & Bondine
23 The SUBRECIPIENT shall carry sufficient insurance coverage to protect contract assets
24 from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a
25 blanket fidelity bond covering all employees in an amount equal to cash advances from the
26 COUNTY.
27 The SUBRECIPIENT shall comply with the bonding and insurance requirements of
28 Il Attachment B of OMB Circular A-110, Bonding and Insurance
29
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Exhibit "A" to COUNT'. UBRECIPIENT Contract
1 F. Grantor Recognition
2 The SUBRECIPIENT shall insure recognition of the role of the grantor agency in
3 providing services through this Contract. All activities, facilities and items utilized pursuant to this
4 Contract shall be prominently labeled as to funding source. In addition, the SUBRECIPIENT will
5 include a reference to the support provided herein in all publications made possible with funds made
6 available under this Contract.
7 G. Amendments
8 COUNTY or SUBRECIPIENT may amend this Contract at any time provided that such
9 amendments make specific reference to this Contract, and are executed in writing, signed by a duly
10 authorized representative of both organizations. Such amendments shall not invalidate this Contract,
11 nor relieve or release COUNTY or SUBRECIPIENT from its obligations under this Contract. Any
12 proposed amendment to this Contract shall be submitted to and approved by the COUNTY, prior to
13 commencement by COUNTY of any activity covered by said amendment.
14 COUNTY may, in its discretion, amend this Contract to conform with federal, state or
15 local governmental guidelines, policies and available funding amounts, or for other reasons. If such
16 amendments result in a change in the funding, the scope of services, or schedule of, the activities to
17 be undertaken as part of this Contract, such modifications will be incorporated only by written
18 amendment signed by a duly authorized representative of both organizations.
19 H. Suspension or Termination
20 In the event of SUBRECIPIENT"s failure to comply with the provisions of this Contract
21 and pursuant to 24 CFR 85.43 and 85.44, COUNTY may withhold or require SUBRECIPIENT
22 reimbursement of funds, and/or terminate this Contract, and/or allocate funds previously assigned to
23 this Contract to another eligible project(s) within the Urban County.
24 Either party may terminate this Contract at any time by giving written notice to the other
25 party of such termination and specifying the effective date thereof at least 30 days before the effective
26 date of such termination. In the event of any termination for convenience, all finished or unfinished
27 cocuments, data, studies, surveys, maps, models, photographs, reports or other materials prepared
28 by SUBRECIPIENT under this Contract shall, at the oetion of the COUNTY become the property of
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• Exhibit "A" to COUNTOUBRECIPIENT Contract
1 the COUNTY, and SUBRECIPIENT shall be entitled to receive just and equitable compensation for
2 any satisfactory work completed on such documents or materials prior to the termination.
3 COUNTY may also suspend or terminate this Contract, in whole or in part, if
4 SUBRECIPIENT materially fails to comply with any term of this Contract, or with any of the rules,
5 regulations or provisions referred to herein; and the COUNTY may declare the SUBRECIPIENT
6 ineligible for any further participation in COUNTY contracts, in addition to other remedies as
7 provided by law. In the event there is probable cause to believe the SUBRECIPIENT is in
8 noncompliance with any applicable rules or regulations, the COUNTY may withhold contract funds
9 until such time as the SUBRECIPIENT is found to be in compliance by the COUNTY, or is
10 otherwise adjudicated to be in compliance.
11 II. ADMINISTRATIVE REQUIREMENTS
12 A. Financial Management
13 1. Accountinz Standards
14 The SUBRECIPIENT agrees to comply with Attachment C of OMB Circular A-110
15 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
16. internal controls, and maintain necessary source documentation for all costs incurred.
17 2. Cost Principles
18 The SUBRECIPIENT shall administer its program in conformance with OMB
19 Circulars A-122. "Cost Principles for N.on-Profit Organizations," or A-21, "Cost Principles for
20 lEducational Institutions," (and if the SUBRECIPIENT is a governmental or quasi -governmental
21 agency, the applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for
22 Grants and Cooperative Agreements to State and Local Governments,") as applicable. These
23 principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
24 B. Documentation and Record -Keening
25 1. Records to be Maintained
26 The SUBRECIPIENT shall maintain all records required by the Federal regulations
27 specified in 24 CFR Parts 570.503(b)(2), 570.506, 570.507 and 570.508 and that are pertinent to
28 the activities to be funded under this Contract. Such records shall include but not be limited to:
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30 a. Records providing a full description of each activity undertaken;
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Exhibit "A" to COUNT UBRECIPIENT Contract
b. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition
of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and OMB Circular
A-110; and
g. Other records necessary to document compliance with Subpart K of
24 CFR 570.
These records shall be kept available at SUBRECIPIENT's office during the project's
contract period and thereafter for three (3) years from the date SUBRECIPIENT receives
payment from this contract.
The SUBRECIPIENT shall retain all records pertinent to expenditures incurred under
this contract for a period of three (3) years after the termination of all activities funded under this
Contract, or after the resolution of all Federal audit findings, which ever occurs later. Records for
non -expendable property acquired with funds under this Contract shall be retained for three (3) years
after final disposition of such property. Records for any displaced person must be kept for three (3)
years after he/she has received final payment.
3. Client Dala
The SUBRECIPIENT shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to, client name,.address, income level
or other basis for determining eligibility, and description of service provided. Such information shall
be made available to COUNTY monitors or their designees for review upon request.
4. Property Records
The SUBRECIPIENT shall maintain real property inventory records which
identify properties purchased, improved or sold. Properties retained shall continue to meet
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• Exhibit "A" to COUNTOPBRECIPIENT Contract
I criteria and shall conform with the "changes in use" restrictions specified in 24 CFR Parts
2 570.503(b)(8).
3 5. National Objectives
4 The SUBRECIPIENT agrees to maintain documentation that demonstrates the
5 activities carried out with funds provided under this Contract meet one or more of the CDBG
6 program's national objectives: 1) benefit low/moderate income persons, 2) aid in the prevention or
7 elimination of slums or blight, 3) meet community development needs having a particular urgency -
8 as defined in 24 CFR Part 570.208.
9 6. Close -Outs
10 SUBRECIPIENT obligation to the COUNTY shall not end until all close-out
11 requirements are completed. Activities during this close-out period shall include, but are not limited
12 to: making final payments, disposing of program assets (including the return of all unused materials
13 and equipment), unspent cash advances, program income balances, and receivable accounts to the
14 COUNTY and determining the custodianship of records.
15 7. Audits & Inspections
16 All SUBRECIPIENT records with respect to any matters covered by this Contract
17 shall be made available to the COUNTY, grantor agency, their designees or the Federal Govemment,
18 at any time during normal business hours, as often as the COUNTY or grantor agency deems
19 necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies
20 noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by
21 the SUBRECIPIENT. Failure of the SUBRECIPIENT to comply with the above audit requirements
22 will constitute a violation of this Contract and may result in the withholding of future payments. The
23 SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with
24 current COUNTY policy concerning SUBRECIPIENT audits.
25 C. Reporting and Payment Procedures
26 1. Budgets
27 The SUBRECIPIENT shall submit a detailed contract budget (the form and content to
28 be prescribed b} the COUNTY) for approval by the COUNTY. The COUNTY and the
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Exhibit "A" to COUNT. XBRECIPIENT Contract
SUBRECIPIENT may agree to revise the budget from time to time in accordance with existing)
COUNTY policies.
2. Program Income
The SUBRECIPIENT shall report quarterly all program income as defined at 24 CFR
570.500(a) generated by activities carried out with CDBG funds made available under this Contract.
The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at
24 CFR 570.504. By way of further limitation, the SUBRECIPIENT may use such income during
the contract period for activities permitted under this Contract and shall reduce requests for additional
funds by the amount of any such program income balances on hand. All unused program income
shall be returned to the COUNTY at the end of the contract period. Any interest earned on cash
advances from the U.S. Treasury is not program income and shall be remitted promptly to the
COUNTY.
Program income generated from cash advance and/or the mere holding of CDBGI
funds must be paid to the COUNTY per 24 CFR 570.504(c) for subsequent return to HUD.
Any program income generated from the sale, transfer or change in the use of assets
(e.g. real property) acquired or improved in whole or in part by CDBG funds must be returned to
COUNTY in proportion to the CDBG contribution thereof.
The SUBRECIPIENT may retain all program income provided that program income
is used exclusively for eligible activities, as determined by the "DIRECTOR" , and is done so in
accordance with all applicable CDBG requirements.
SUBRECIPIENT shall keep and maintain appropriate records on the use of any such
program income as may be required by EMA staff since the COUNTY has the responsibility
monitoring and repotting program income to HUD.
In the event of SUBRECIPIENT close-out or change in status of the
SUBRECIPIENT in the Urban County CDBG Program, any program income at that time
subsequent to the close-out or change in status shall be paid by SUBRECIPIENT to
COUNTY within 90 days thereafter.
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• Exhibit "A" to COUNTOUBRECIPIENT Contract
1 3. Indirect Costs
2 If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost
3 allocation plan for determining the appropriate COUNTY share of administrative costs and shall
4 submit such plan to the COUNTY for approval.
5 4. Payment Procedures
6 a. The COUNTY will pay to the SUBRECIPIENT funds available under this
7 Contract based upon information submitted by the SUBRECIPIENT and consistent with any
8 approved budget and COUNTY policy concerning payments. With the exception of certain
9 advances, payments will be made for eligible expenses actually incurred by the SUBRECIPIENT,
10 and not to exceed actual cash requirements. Payments will be adjusted by the COUNTY in
11 accordance with advance fund and program income balances available in SUBRECIPIENT accounts.
12 In addition, the COUNTY reserves the right to liquidate funds available under this Contract for costs
13 incurred by the COUNTY on behalf of the SUBRECIPIENT.
14 b. Payment by the COUNTY to SUBRECIPIENT shall be on a reimbursable basis
15 unless SUBRECIPIENT has been authorized and issued a cash advance at the discretion of the
16 DIRECTOR under this Contract.
17 c. The SUBRECIPIENT is permitted one (1) cash advance under this Contract and
18 it may be made by the DIRECTOR to SUBRECIPIENT if the following conditions are met:
19 (1) SUBRECIPIENT has demonstrated to DIRECTOR through certification
20 in a form prescribed by DIRECTOR and subsequently through performance, its willingness and
21 capacity to establish SUBRECIPIENT financial procedures that will minimize the time elapsing
22 between the receipt of funds and proper disbursement of such funds.
23 (2) SUBRECIPIENT certifies to DIRECTOR, that SUBRECIPIENT's
24 financial management system meets the standards for fund control and accountability as directed in
25 24 CFR 570.502(a), if a governmental Subrecipient, and 24 CFR 570.502(b), if a non -
26 governmental recipient; and as prescribed in Office of Management and Budget Circular A-87, if a
27 governmental Subrecipient, and Office of Management and Budget Circulars A-122 and A-21 if a
28 non-governmental Subrecipient, as periodically amen, :J.
-7-
Exhibit "A" to COUNT, ,UBRECIPIENT Contract
I (3) SUBRECIPIENT complies with EMA financial cash advance procedures,
2 procedures defined by HUD in 24 CFR 85.21 Payment Regulations and the United States Treasury
3 regulations described in 31 CFR Part 205. These procedures require that upon written receipt of
4 funds from the COUNTY, SUBRECIPIENT shall disburse payment(s) to vendor(s) within five (5)
5 working days and submit evidence of such disbursement(s) (i.e., warrant copies, etc.) to the
6 DIRECTOR.
7 d. If SUBRECIPIENT is subsequently found, by DIRECTOR, to be in
8 noncompliance with Section II. C. 4.c.(1) through Section II. C. 4.c.(3), SUBRECIPIENT shall in
9 the future be paid on a reimbursable basis.
10 e. Reimbursable basis payments, as referred to in Section 6.a. and/or cash advance
11 described in Section 6.b. shall be made in accordance with EMA financial procedures. In the event
12 of conflict between EMA financial procedures and any applicable statutes, rules or regulations of
13 HUD, including Office of Management and Budget Circular No. A-87, if a governmental
14 Subrecipient, and Office of Management Budget Circular's A-122 and A-21, if a non-govemmental,
13 the latter shall prevail.
16 Where contract funds are withheld, and at the request and expense of SUBRECIPIENT,
17 COUNTY will accept securities equivalent to the amount withheld. Such substituted security,
18 meeting the requirements of Government Code Section 4590, shall be deposited with COUNTY, or
19 with a State or Federally chartered bank as escrow agent. If security is deposited with an escrow
20 agent, it shall be covered by an escrow agreement.
21 5. Progress Reports
22 The SUBRECIPIENT shall submit regular Progress Reports to the COUNTY in the
23 form, content, and frequency as required by the COUNTY.
24 D. Procurement
25 1. Compliance
26 The SUBRECIPIENT shall comply with current COUNTY policy concerning the
27 purchase of equipment and shall maintain an inventory record of all non-expendable personal
28 property as defined by such policy as may be procured with funds provided herein. All program
10
• Exhibit "A" to COUN-0UBRECIPIENT Contract
1 assets (unexpended program income, property, equipment, etc.) shall revert to the COUNTY upon
2 termination of this Contract.
3 2. OMB Standards
4 The SUBRECIPIENT shall procure materials in accordance with the requirements of
5 Attachment O of OMB Circular A-110. Procurement Standards, and shall subsequently follow
6 Attachment N, Property Management Standards, covering utilization and disposal of property.
7 11 3. Travel
8 The SUBRECIPIENT shall obtain written approval from the COUNTY for any travel
9 outside the metropolitan area with funds provided under this Contract.
10 4. Relocation. Acquisition and Displacement
11 The SUBRECIPIENT agrees to comply with 24 CFR 570.606 relating to the
12 acquisition and disposition of all real property utilizing grant funds, and to the displacement of
13 persons, businesses, nonprofit organizations and farms occurring as a direct result of any acquisition
14 of real property utilizing grant funds. The SUBRECIPIENT agrees to comply with applicable
15 COUNTY Ordinances, Resolutions, and Policies concerning displacement of individuals from their
16 residences.
17 III. PERSONNEL & PARTICIPANT CONDITIONS
18 A. Civil Riehts
19 1. Compliance
20 The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of I�
21 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of the Title I of
22 1Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973,
23 the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
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11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The SUBRECIPIENT will not discriminate against any employee or applicant for
because of race, color, creed, religion, ancestry, national origin, sex, disability or
handicap, age, marital status, or status with regard to public assistance. The SUBRECIPIENT will
take affirmative action to insure that all employment practices are free from such discrimination.
-9-
Exhibit "A" to COUNT SUBRECIPIENT Contract
1 Such employment practices include but are not limited to the following: hiring, upgrading, demotion,
2 transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
3 compensation, and selection for training, including apprenticeship. The SUBRECIPIENT agrees to
4 post in conspicuous places, available to employees and applicants for employment, notices to be
5 provided by the contracting agency setting forth the provisions of this nondiscrimination clause.
6 3. Section 504
7 The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant
8 to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which prohibits
9 discrimination against the handicapped in any federally assisted program. The COUNTY shall
10 provide the SUBRECIPIENT with any guidelines necessary for compliance with that portion of the
11 regulations in force during the term of this Contract.
12 B. Affirmative Action
13 1. Approved Plan
14 The SUBRECIPIENT agrees that it shall be committed to carry out, in accordance
15 with COUNTY specifications, an Affirmative Action Program that encompasses the principles
16 provided in President's Executive Order 11246 of September 24, 1965. The (Grantee) shall provide'
17 Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program.
18 The SUBRECIPIENT shall submit a plan for an Affirmative Action Program, for approval prior to
19 the award of funds.
20 2. W/MBE
2I The SUBRECIPIENT will use its best efforts to afford minority and women -owned
22 business enterprises the maximum practicable opportunity to participate in the performance of this
23 Contract. As used in this contract, the term "minority and female business enterprise" means a
24 business at least fifty-one (51) percent owned and controlled by minority group members or women.
25 For the purpose of this definition, "minority group members" are Afro-Americans, Spanish
26 speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American
27 Indians. The SUBRECIPIENT may rely on written representations by SUB-SUBRECIPIENTs
28 regarding their status as minority and female business enterprises in lieu of an independent
29 investigation.
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• Exhibit "A" to COUN*UBRECIPIENT Contract
3. Access to Records
The SUBRECIPIENT shall furnish and cause each of its sub-SUBRECIPIENTs
furnish all information and reports required hereunder and will permit access to its books, records
and accounts by the COUNTY, HUD or its agents, or other authorized Federal officials for purposes
of investigation to ascertain compliance with the rules, regulations and provisions stated herein.
4. Notifications
The SUBRECIPIENT will send to each labor union or representative of workers with
which it has a collective bargaining Contract or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or worker's representative of the
SUBRECIPIENT's commitments hereunder, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
5. EEO/AA Statement
The SUBRECIPIENT will, in all solicitations or advertisements for employees placed
by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action
employer.
The SUBRECIPIENT will include the provisions of Paragraphs VIII A, Civil Rights,
and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so
that such provisions will be binding upon each subSUBRECIPIENT or vendor.
The SUBRECIPIENT is prohibited from using funds provided herein, or
in the administration of the program, for: political activities, sectarian or
lobbying, political patronage, and nepotism activities.
Where employees are engaged in activities not covered under the Occupational Safety
and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive
services in buildings or surroundings or under working conditions which are unsanitary, hazardous
or dangerous to the participants' health or safety.
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Exhibit "A" to COUNTI JBRECIPIENT Contract
3. Labor Standards
The SUBRECIPIENT agrees to comply with the requirements of the Secretary
Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work I
the Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 276, 327-333) and all
applicable federal, state and local laws and regulations pertaining to labor standards insofar as
acts apply to the performance of this Contract. The SUBRECIPIENT shall maintain documen
which demonstrates compliance with hour and wage requirements of this part. Such documen
shall be made available to the COUNTY for review upon request.
The SUBRECIPIENT agrees that, except with respect to the rehabilitation
construction of residential property designed for residential use for less than eight (8) households,
contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair
building or work financed in whole or in part with assistance provided under this contract,
comply with federal requirements adopted by the COUNTY pertaining to such contracts and with
requirements of the regulations of the Department of Labor, under 29 CFR, Parts 3, 1,
and 7 governing the payment of wages and ratio of apprentices and trainees to journeymen;
provided, that if wage rates higher than those required under the regulations are imposed by state
law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if any,
require payment of the higher rate. The SUBRECIPIENT shall cause or require to be inserted
full, in all such Contracts subject to such regulations, provisions meeting the requirements of this
paragraph, for such Contracts in excess of $10,000.00.
4. "Section 3" Clause
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
135, and all applicable rules and orders issued hereunder prior to the execution of this Contract, shall
be a condition of the federal financial assistance provided under this Contract and binding upon the
COUNTY, the SUBRECIPIENT and any subSUBRECIPIENTs. Failure to fulfill these
requirements shall subject the COUNTY, the SUBRECIPIENT and any subSUBRECIPIENTs,
their successors and assigns, to those sanctions spec Pied by the Contract through which federal
-12-
Exhibit "A" to COUN'1OUBRECIPIENT Contract
1 assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or otheri
2 disability exists which would prevent compliance with requirements.
3 The SUBRECIPIENT further agrees to comply with these "Section 3"II
4 requirements and to include the following language in all subcontract executed under this Contract:
5 "The work to be performed under this Contract is a project assigned under a
6 program providing direct federal financial assistance from HUD and is subject to the requirements of
7 Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701.
8 Section 3 requires that to the greatest extent feasible opportunities for training and employment be
9 given to lower income residents of the project area and contracts for work in connection with the
10 project be awarded to business concerns which are located in, or owned in substantial part by
I I persons residing in the areas of the project."
12 The SUBRECIPIENT certifies and agrees that no contractual or other disability
13 exists which would prevent compliance with the requirements.
14 b. Notifications
15 The SUBRECIPIENT agrees to send to each labor organization or representative
16 of workers with which it has a collective bargaining Contract or other contract or understanding, if
17 any, a notice advising said labor organization or worker's representative of its commitments under
18 this Section 3 clause and shall post copies of the notice in conspicuous places available to employees
19 and applicants for employment or training.
20 c. Subcontracts
21 The SUBRECIPIENT will include Section 3 clause in every subcontract and will
22 take appropriate action pursuant to the subcontract upon a finding that the subSUBRECIPIENT is in
23 violation of regulations issued by the Grantor Agency. The SUBRECIPIENT will not -subcontract
24 with any subSUBRECIPIENT where it has notice or knowledge that the latter has been found in
25 violation of regulations under 24 CFR 135 and will not let any subcontract unless the
26 subSUBRECIPIENT has first provided it with a preliminary statement of ability to comply with the
27 requirements of these regulations.
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1 II D. Conduct
2 IIII 1. Assignability
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Exhibit "A" to COUNT' UBRECIPIENT Contract
The SUBRECIPIENT shall not assign or transfer any interest in this Contract
the prior written consent of the COUNTY thereto; provided, however, that claims for money due
to become due to the SUBRECIPIENT from the COUNTY under this Contract may be assigned to a
bank, trust company, or other financial institution without such approval. Notice of any such
or transfer shall be furnished promptly to the COUNTY.
2. Hatch Act
The SUBRECIPIENT agrees that no funds provided, nor personnel employed
this Contract, shall be in any way or to any extent engaged in the conduct of political activities in
violation of Chapter 15 of Title V United States Code.
3. Conflict of interest
The SUBRECIPIENT agrees to abide by the provisions of 24 CFR 570.611 with
to conflicts of interest, and covenants that if presently has no financial interest and shall not
acquire any financial interest, direct or indirect, which would conflict in any manner or degree with
the performance of services required under this Contract. The SUBRECIPIENT further covenants
that in the performance of this Contract no person having such a financial interest shall be employed
or retained by the SUBRECIPIENT hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer, or elected official or appointed official of the
COUNTY or of any designated public agencies or SUBRECIPIENTs which are receiving funds
under the CDBG Entitlement program.
The SUBRECIPIENT shall not enter into any subcontracts with any agency
individual in the performance of this Contract without the written consent of the COUNTY prior
the execution of such Contract.
b. Monitoring
The SUBRECIPIENT will monitor all subcontracted services on a regular basis'
to assure contract compliance. Result of monitoring efforts shall be summarized in written reports
-14-
IIi Exhibit "A" to COUNT 0UBRECIPIENT Contract
1 and supported with documented evidence of follow-up actions taken to correct areas of the
2 noncompliance.
3 c. Content
4 The SUBRECIPIENT shall cause all of the provisions of this Contract in its
5 entirety to be included in and made a part of any subcontract executed in the performance of this
6 Contract.
7 d. Selection Process
8 The SUBRECIPIENT shall undertake to insure that all subcontracts awarded in
9 the performance of this Contract shall be awarded on a fair and open competition basis. Executed
10 copies of all subcontracts shall be forwarded to the COUNTY along with documentation concerning
11 the selection process.
12 5. Copyright
13 If this contract results in any copyrightable material, the COUNTY and/or grantor
14 agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish
15 or otherwise use and to authorize others to use, the work for government purposes.
16 6. Religious Organization
17 The SUBRECIPIENT agrees that funds provided under this contract will not be
18 utilized for religious activities, to promote religious interest, or for the benefit of a religious
19 organization in accordance with the federal regulations specified in 24 CFR 570.2000).
20 IV. ENVIRONMENTAL CONDITIONS
21 A. Air and Water
22 The SUBRECIPIENT agrees to comply with the following regulations insofar as they
23 apply to the performance of this Contract:
24 o Clean Air Act, 42 U.S.C., 1857, et seq.
25 o Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as
26 amended 1318 relating to inspection, monitoring, entry, reports, and information, as well as other
27 requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued
28 thereunder.
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Exhibit "A" to COUN /SUBRECIPIENT Contract
o Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R, Parts
50 and 58, as amended.
o National Environmental Policy Act of 1969.
o HUD Environmental Review Procedures (24 CFR, Part 58).
o California Environmental Quality Act
B. Flood Disaster Protection
The SUBRECIPIENT agrees to comply with the requirements of the Flood
Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of land acquired,
or improved under the terms of this contract, as it may apply to the provisions of this
contract.
C. Lead -Based Paint
The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead -Based
Regulations at 24 CFR 570.608, and 24 CFR Part 35, and in particular Sub -Part B thereof. Such
pertain to all HUD -assisted housing and require that all owners, prospective owners, and
tenants or properties constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint
poisoning.
The SUBRECIPIENT agrees to comply with the Historic Preservation requirements
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures
Protection of Historic Properties, insofar as they apply to the performance of this contact.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are included
on a Federal, State, or local historic property list.
GSBJGMW5A2-5
(4/2/96)
-16-
r1
City Boundary SCALE: 1'-3300'
Census Trac; Boundary
_ SAN JUAN CAPISTRANO
Housing & Redevelopment ENVIRONMENTAL MANAGEMENT AGENCY
0
mlo�roNuo
O�I��IS�II 1961
1776
October 22, 1996
Mr. Michael Chiaramonte
HPS-Grant Management
1770 North Broadway
Santa Ana, California 92706
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
MATT HART
GILJONES
CAROLYN NASH
DAVID SWERDUN
CITY MANAGER
GEORGE SCARBOROUGH
Re: Year 22 Community Development Block Grant Program Contracts
Dear Mr. Chiaramonte:
At their meeting of October 15, 1996, the City Council of the City of San Juan Capistrano
approved and authorized the City Manager to execute the following Community
Development Block Grant Program Year 22 Contracts:
1. Contract No. EC41972 for Rehabilitation of Mobilehomes in the amount of $75,000;
2. Contract No. EC41974 for the City's Scholarship Program in the amount of $7,000
One copy of the Contract, with six signature pages, has been signed by the City and are
enclosed, along with the Authorized Signature Form. Upon approval of the Board of
Supervisors, please return one fully -executed copy to the City Clerk's office.
Thank you for your cooperation. If I can be of further assistance, I can be reached at
443-6308.
Very truly yours,
Cheryl Joh rr�on
City Clerk
Enclosure
cc: Planning Director
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
•\' • • •\Si • 1 ul�►f 1 •
-I ZKOWASP2 M,
The Minutes of the Regular Meeting of September 17, 1996, were approved as submitted.
2. RECEIVE AND FILE WARRANTS OF SEPTEMBER 25. 1996 (300.30)
The List of Demands dated September 25, 1996, in the total amount of $460,804.12 was
received and filed.
RECEIVE AND FILE CASH BALANCES BY FUND FOR AUGUST 1996
(330,50)
The City Treasurer's Report of Cash Fund Balances for the month of August 1996 in the total
amount of $63,814.27 was received and filed.
APPLICATIONS4. RECEI
1 1
The Report dated October 15, 1996, from the Planning Director, advising that four new
development applications were received by the City since the last report of September 17,
1996, was received and filed.
As set forth in the Report dated October 15, 1996, from the Planning Dirictor, the City
Manager was authorized to execute the Year 22 Community Development Block Grant
contracts (1996-97) totaling $82,000 for two programs: 1) Contract No. EC41972 for the
rehabilitation of mobile homes for low/moderate-income households ($75,000), and 2)
Contract No. EC41974 for the Community Services Scholarship Assistance Program for
children of very low- and low-income households ($7,000).
' _• yr•1 III • 11 • • ••
. 1 1
As set forth in the Report dated October 15, 1996, from the Director of Engineering and
Building, the following Resolution was adopted granting easement Area L- I to The Estates
at San Juan Capistrano Homeowners Association for ongoing maintenance of landscaping and
slope improvements located within City Open Space:
City Council Minutes -3- 10/15/96
0
AGENDA ITEM October 15, 1996
TO: George Scarborough, City Manager
FROM: Thomas Tomlinson, Planning Director
SUBJECT: Community Development Block Grant (CDBG) Program Contracts: Year 22
Application (FY 1996-1997).
By Motion, authorize the City Manager to execute the Year 22 Community Development
Block Grant Contracts for two separate programs (Housing Rehabilitation and Youth
Scholarships for fiscal year 1996-1997).
SITUATION
A. APPLICANT
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California, 92675
u u ; : ; ► .I�IK�luiu1D►17�1ml
On October 17, 1995 the City Council considered programs recommended by the Citizen
Participation Committee (CPP). As a result, programs that were recommended for funding
included: mobile home rehabilitation, public services scholarships, and single-family/mobile
home rehabilitation. The total recommended funding request was $510,000. In May of this
year, the City received confirmation that the County of Orange was granting $75,000 for
rehabilitation programs and $7,000 for the youth scholarship program. In addition, the City
has also been granted $75,000 of HOME funds that have been programmed for the City's
First Time Homebuyer Program. At this time, staff is awaiting the contract for this latter
program allocation. Once it is received, an item will be transmitted for Council consideration.
In order to receive these funds, the City is required to enter into an executed contract for
administration of the programs. Staff has reviewed the contracts and recommends that the
City Council authorize the City Manager to execute the contracts on behalf of the City. Upon
execution of these contracts by both parties, the funds will be released for program
implementation.
FOR CITY COUNCIL AGE Lr
Z)5
E
0
AGENDA ITEM -2- October 144%
C��� ' 1 1► i
Each year the Federal Department of Housing and Urban Development (HUD) offers funds
to Cities and non-profit agencies in the form of "Community Development Block Grants"
otherwise known as CDBG/ HOME monies. There are two categories of programs funded
which include: community services related programs and rehabilitation/construction
programs. While the list of eligible activities for these funds is extensive, the focus in the past
few years has been toward funding programs which benefit very low and low income
households. HUD's income criteria for determining if a households falls into the very low
and/or low income bracket is calculated based on the median income for the County which
is $59,100 gross income for a household of four. In order to qualify for very low income a
household can earn only 50% of the median income. To qualify as a low income household
earnings must be less than 80% of the median income.
Because the City of San Juan Capistrano has a population of less than 50,000 it does not
directly apply to HUD for the funds, but rather applies to the County of Orange for funds
which they will receive and distribute in mid 1996 among the smaller cities and non-profit
agencies in the County. These contracts represent the final year of our participation with the
County. The City will in the coming grant cycle be making application directly to the State
as part of their "Small Cities" program.
Mobile Home Rehabilitation: $75,000
Grants of up to $10,000 for low/moderate income households are provided to correct
Health and Safety Code violations on the interiors and exteriors of mobile homes. If
an owner who receives assistance sells the coach within two years of the completion
of the rehabilitation, he/she is obligated to re -pay a percentage of the rehabilitation
cost. Because mobile homes provide housing to a significant number of retired senior
citizens, the majority of the owners of the City's 1,218 mobile homes qualify as
eligible for this program. The objective of the mobile home rehabilitation program is
to correct outstanding Health and Safety violations which plague a majority of the
City's mobile homes and which the owners lack the funds to correct on their own.
Typical repairs include: re -coating roofs; replacing galvanized pipes with copper
piping, termite damaged steps and porches, replacing old pads and piers, replacing
inoperable faucets, replacing broken windows, providing safety grab bars in
bathrooms, etc.
Note: This program has been ongoing since FY 1986-1987 (Year 13) and is
available for very low and low income residents of the City's seven mobile
home parks. Currently grant work is averaging approximately $3,500-$4,500
0
AGENDA ITEM -3- October 15, 1996
per unit. This past year the City has processed and completed 39 mobile
home rehabilitations. It is anticipated that approximately 15 to 18
rehabilitations can be completed with these grant finds. Currently, the City
has an active waiting list of 30+ applications for grant assistance.
2. HOME Program: First Time Homebuyer Program $75,000
These funds are designed to further supplement the initial phase of the program
currently having been implemented this last spring. These funds will be increase by a
required 25% local match from the Community Redevelopment Agency housing set-
aside fund.
Note: Staff is awaiting this contract. Amount has been authorized and program
approval was granted by the County Board of Supervisors on September 10,
1996 It is anticipated that this level off ending will assist 5 to 8 low income
households to purchase their first residence. This is a loan and not a grant
program with a payback provision upon sale of the assisted unit. Said f ends
will then be used to assist other households.
3. CDBG: Public Services $7,000
Community Services Scholarship Assistance Program:
The City's Community Services Department offers a variety of youth development
programs, such as sport leagues, after school programs, and enrichment classes (using
CDBG funding) for children of very low and low income households. These
programs are preventative programs to provide positive social and recreational
opportunities aimed to enhance self esteem of children of low and very low income
households. The 1990 Census shows that there are over 2,676 very low and low
income households living the City. The Community Services Department provides
these scholarships to assist children, whose families are not financially able, to
participate in such programs. This represent the third year of funding of this program.
Staff notes that the California Parks and Recreation Society and the State Senate
Office of Research has identified the need for subsidized after school youth
development programs for youths between the ages of 5 to 18. Because funding
applications are divided and reviewed in two separate categories by the County (i.e.
community services and rehabilitation/construction) allocation of these funds did not
affect the level of CDBG funding for mobile home rehabilitations.
Note: The $7, 000 granted for this program which should provide scholarships for
up to 55 children, ages 5-18, over this year to attend a variety of Community
Services programs targeted to meet their specific needs.
AGENDA ITEM -4- October 15, 1996
E. STAFF ANALYSIS- Staff has reviewed the individual contracts and determined that they
are consistent with the provisions of our cooperative agreement with the County of Orange
and would recommend that the City Council authorize their execution for receipt of funding.
1 WAIM1W X010JUT► 11,_
None.
151 Q 1 Zm11_WREVILIN
The City has received grants in the amount of $162,000 in CDBG/HOMS funds. Administrative costs
for running the various grant programs are funded by the Community Redevelopment Agency
housing set-aside funds. No General Fund expenditures are necessary as part of the recommended
programs.
PUBLIC NOTIFICATION
None required. The item before the City Council is authorization to receive the grant funds. The
actual grant application was part of a formal public participation process that included public hearing
before both the Planning Commission and City Council.
ALTERNATE ACTIONS
Authorize execution of contracts to receive Year 22 CDBG/HOME funds.
2. Continue the item and direct staff to return with further information on specified issues.
By Motion, authorize the City Manager to execute the Year 22 Community Development
Block Grant Contracts for two separate programs (Housing Rehabilitation and Youth
Scholarships for fiscal year 1996-1997).
Respectfully submitted,
Thomas Tomlinson
Planning Director
AGENDA ITEM -5- October 15, 1996
Attachments:
1. Contract No. EC41972, Housing Rehabilitation Program
2. Contract No. EC41974, Youth Scholarship Program
Note: Contracts provided in the City Council packets only. Copies available for
public viewing in the Office of the City Clerk.
TT:mI
(c:\wp60\ap\cdbg22.")
October 31, 1996
0 •
TY OF
ANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND REDEVELOPMENT
FILE
Cheryl Johnson
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92677
RE: Community Development Block Grant (CDBG) - Year XXII
Dear Ms. Johnson:
MICHAEL M. RUANE
DIRECTOR, EMA
DHONGCHAI PUSAVAT
DIRECTOR OF HOUSING AND
REDEVELOPMENT
LOCATION:
1770 NORTH BROADWAY
SANTA ANA, CALIFORNIA 92706
TELEPHONE:
(714) 480-2900
FAX: (714)480-2803
Transmitted, herewith, are the Community Development Block Grant contracts for
FY 1996-97 with the City of San Juan Capistrano executed by the Director of Housing and
Redevelopment per Board of Supervisors Resolution No. 96-230. Enclosed are:
EC41972 $75,000
EC41974 $ 7,000
Please sign the signature page so that it is an official document. The three (3) other
signature pages were signed.
If I can be of further service, please contact me at (714) 480-2882.
Sincerely,
Michael Chiaramonte
HPS-Grant Management
Enclosures
cc: J. Hambuch, Chief, HPS-GM
EMA-HOUSING AND REDEVELOPMENT
Authorized Signature Form
1. Name: City of San Juan Capistrano
32400 Paseo Adelanto
Address: San Juan Capistrano, CA 92675
2. SignAu;es of In viduals Authorized to Sign Contracts
George Scarborough, City Manager
3. tSignalftr&'of iividuai(�Aut ze-d�to Request CDBG/HOME, etc. Funds for
Reimburseme t ��
Only one signature required on
Request for Payment
Typed Name, Signature, and -Date
Cynthia Pendleton, Administrative
Services Dir ctor 10/15/96
nfuaL . �7� /o/ 1191q&
Typed Name, Signature, and Date
Typed Name, Signature, and Date Typed Name, Signature, and Date
4. I certify that the signatures above are 5. Approved: (County Use)
of the individu4s authorized to draw
Request for Payment for the cited
prgr
to nd igna e of C' y Date and Signature of H/CD
Admi tistrative Officer Geo ge Scarborough Branch Officer
10/1 /96
INSTRUCTIONS:
1. Complete name and address as City requires for proper identification of Depository
Account.
2. Complete name and address of City individual authorized by City Council to execute
Agreements/Contracts for CDBG, HOMES, etc. Please attach Council action/ authority
3. Type name of each authorized signer with original signature(s).
4. City Administrative Officer is to sign; if same officer signs under Item 3, Chief Executive
Officer should sign.
5. County Use.
a
0 F
GE
•
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND REDEVELOPMENT
FILE
Tom Tomlinson
Director of Planning
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92677
RE: Community Development Block Grant (CDBG) - Year MM
Dear Mr. Tomlinson:
MICHAEL M. RUANE
DIRECTOR, EMA
DHONGCHAI PUSAVAT
DIRECTOR OF HOUSING AND
REDEVELOPMENT
LOCATION:
1770 NORTH BROADWAY
SANTA ANA, CALIFORNIA 92706
TELEPHONE:
(714) 480.2900
FAX: (714) 480.2803
Transmitted, herewith, are the Community Development Block Grant contracts for FY
1996-97 with the City of San Juan Capistrano for approval by the City Attorney,
execution by its Mayor and attested by the City Clerk. included are:
EC41972
EC41974
$75,000
Due to time restraints and staff reduction, Exhibit 'B' will be provided upon request.
Pirie do I& 811 in date an first page of contract Thank you.
Enclosed is the Authorized Signature form. Please complete and return to me.
if I can be of further assistance, please contact me at 480-2882.
Sincerely yours,
Michael Chiaramonte
HPS-Grant Management
Enclosures
cc: J. Hambuch, Section Chief, HPS/GM